|
Back to Calendar
Return
|
| |
5. B.
|
| Planning Board-Rezoning |
|
|
|
| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: R-2, Single-Family District (cumulative), Low-Medium Density (7 du/acre).
TO: C-1, Retail Commercial District (cumulative) (25 du/acre).
RELEVANT AUTHORITY:
(1) Escambia County Comprehensive Plan
(2) Escambia County Land Development Code
(3) Board of County Commissioners of Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993)
(4) Resolution 96-34 (Quasi-judicial Proceedings)
(5) Resolution 96-13 (Ex-parte Communications) |
| CRITERION (1) |
Consistent with the Comprehensive Plan.
Whether the proposed amendment is consistent with the Comprehensive Plan.
Comprehensive Plan (CPP)FLU 1.1.1 Development Consistency. New development and redevelopment in unincorporated Escambia County shall be consistent with the Escambia County Comprehensive Plan and the Future Land Use Map (FLUM).
CPP FLU 1.3.1 Future Land Use Categories. The Mixed-Use Urban (MU-U) Future Land Use (FLU) category is intended for an intense mix of residential and nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses within the category as a whole. Range of allowable uses include: Residential, Retail and Services, Professional Office, Light Industrial, Recreational Facilities, Public and Civic. The minimum residential density is 3.5 dwelling units per acre and the maximum residential density is 25 dwelling units per acre.
CPP FLU 1.5.3 New Development and Redevelopment in Built Areas. To promote the efficient use of existing public roads, utilities and service infrastructure, the County will encourage redevelopment in underutilized properties to maximize development densities and intensities located in the Mixed Use-Suburban, Mixed Use-Urban, Commercial and Industrial Future Land Use districts categories (with the exception of residential development).
FINDINGS
The proposed amendment to C-1 is consistent with the intent and purpose of Future Land Use category Mixed-Use Urban, as stated in CPP FLU 1.3.1. The current future land use category allows for various commercial operations which are prevalent within the area north of the subject property. The request to C-1 is consistent with FLU 1.5.3 due to the fact the parcel will be using the existing public roads, utilities and service infrastructure. |
| CRITERION (2) |
Consistent with The Land Development Code.
Whether the proposed amendment is in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code.
FINDINGS
The proposed amendment could be consistent with the intent and purpose of the Land Development Code. While this site does not meet the locational criteria for C-1 zoning as specified in LDC 7.20.05, the site was designed as a commercial entity and was active as such prior to the adoption of zoning regulations.
6.05.07. R-2 single-family district (cumulative), low-medium density. This district is intended to be a single-family residential area with large lots and low population density. The maximum density is seven dwelling units per acre. Refer to article 11 for uses and densities allowed in R-2, single-family areas located in the Airport/Airfield Environs. Structures within Airport/Airfield Environs, Zones, and Surfaces remain subject to the height definitions, height restrictions, and methods of height calculation set forth in article 11. Refer to the overlay districts within section 6.07.00 for additional regulations imposed on individual parcels with R-2 zoning located in the Scenic Highway Overlay District and RA-1(OL) Barrancas Redevelopment Area Overlay District.
6.05.14. C-1 Retail Commercial District (cumulative). This district is composed of lands and
structures used primarily to provide for the retailing of commodities and the furnishing of
selected services. The district provides for various commercial operations where all such
operations are within the confines of the building and do not produce undesirable effects on
nearby property.
6.07.01. Warrington Overlay District.
A. The intent and purpose. The Warrington Overlay District is intended to provide an enhanced level of protection for land uses and provide primary access (gateways) to the two major military installations located within the Warrington Community Redevelopment District. This is a zoning overlay district and the regulations herein expand upon the existing zoning district regulations otherwise imposed on individual parcels within the Warrington Community Redevelopment District.
B. Applicability. This zoning overlay district applies to all zoned properties located in the Warrington Community Redevelopment District.
7.20.00. Locational criteria.
7.20.03. Exemptions. Exemptions to the roadway requirements may be granted by the DRC or RHE if one or more of the following conditions are met:
A. 75 percent rule. Where a proposed commercial or industrial use exceeds the maximum distance specified from the appropriate intersection but at least 75 percent of the frontage associated with use is within the minimum distance from the intersection and under single ownership, then the proposed use or zoning will be considered consistent with the roadway requirements portion of the locational criteria.
B. Infill development. In areas where over 50 percent of a block is either zoned or used for commercial development, new commercial development or zoning may be considered without being consistent with the roadway requirements. The intensity of the proposed development or new zoning district must be of a comparable intensity of the zoning and development on the surrounding parcels. Typically, a block is defined as the road frontage on one side of a street between two public rights-of-way. Exceptions will be considered on a case-by-case basis and must be supported by competent and substantial evidence that the proposed rezoning will accomplish "infill" development. The evidence must show that the proposed development or rezoning will promote compact commercial development and will not promote ribbon commercial development.
C. Unusual intersections. When a property is located at a three-way ("T") intersection or located at an intersection where the roadway classification changes on one side of the intersection, consideration for commercial development, redevelopment, or expansion may occur as if there were a full intersection for roadway requirements.
D. Zoning district exemptions. When a property is located on Perdido Key, within the GBD, GID, GMD zoning districts, or within the activity areas 1--12 and 18, new commercial uses are not required to meet the roadway requirements of the locational criteria.
E. Existing conforming uses. Any existing use that is conforming with the current zoning district and future land use category is not required to meet the roadway requirements of the locational criteria.
Although an exemption to the roadway requirement is granted, the property will still be required to meet all of the other performance standards for the zoning district as indicated below. The additional landscaping, buffering, and site development standards cannot be waived without obtaining a variance from the board of adjustment (BOA).
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. While the parcel could meet the criteria for a waiver to the locational requirements per LDC 7.20.03.B, comments from the Community Redevelopment Agency do not support the rezoning. The CRA objection is based on the goal of protecting residential neighborhoods such as the one adjacent to the proposed rezoning. |
| CRITERION (3) |
Compatible with surrounding uses.
Whether and the extent to which the proposed amendment is compatible with existing and proposed uses in the area of the subject property(s).
FINDINGS
The proposed amendment is compatible with surrounding existing uses in the area. Within the 500’ radius impact area, staff observed properties with zoning districts R-2 and C-1 . There were 16 single-family residences, four duplexes, two apartment buildings, two mobile homes, two churches, seven commercial and office properties, two vacant commercial properties and four vacant residential properties.
As stated in criterion two, this is an existing commercial site that pre-dates the zoning regulations. At the time zoning was enacted this site was overlooked as a commercial property and zoned R-2 along with the rest of the block. The uses allowed by C-1 zoning could be compatible with the design and historical uses of the site. Buffering and other requirements imposed through the Site Plan Review process will serve to minimize impacts on the adjacent residential properties. |
| CRITERION (4) |
Changed conditions.
Whether and the extent to which there are any changed conditions that impact the amendment or property(s).
FINDINGS
Staff found no changed conditions that would impact the amendment or property(s). |
| CRITERION (5) |
Effect on natural environment.
Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment.
FINDINGS
According to the National Wetland Inventory, wetlands and hydric soils were not indicated on the subject property. When applicable, further review during the Site Plan Review process will be necessary to determine if there would be any significant adverse impact on the natural environment.
CRITERION (6)
Development patterns.
Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern.
FINDINGS
The proposed amendment could result in a logical and orderly development pattern given the pre-existing commercial design of the site as well as its historical pattern of use. |